Institutional Conflicts In India: Consequences Of Hybridized Separation Of Powers
- IJLLR Journal
- Nov 30, 2025
- 1 min read
Taskeen Showkat, LL.M., Amity Law School, Amity University Noida, Uttar Pradesh
ABSTRACT
The separation of powers, a fundamental principle of democratic government, attaches each power to separate organs to enable checks and balances among the legislature, the executive, and the judiciary. The Indian Constitution, however, contrasts with this strict separation in that it presents itself as hybridist in the sense of overlapping functions and sharing responsibilities and interactions between institutions. Thus, a hybridization that provides flexibility also leads to institutional conflicts between policy paralysis or policy gridlock, judicial overreach, and political crises. This paper studies the historical evolution, constitutional provisions, and the practical functioning of the separation of powers in India and gives several case studies of clashing institutions. It argues that while hybridization enhances functional cooperation, if left unchecked, there will be excessive overlaps on the expense of accountability and the rule of law and hence democratic governance. The study delineates the grey areas of structural disarray, interpretative difficulties, and the intrinsic value of political and judicial discretion as an area for reform.
Keywords: Separation of Powers, Hybrid Separation, Institutional Conflicts, Checks and Balances, Judicial Overreach.
